Terms of Use

CSI LEASING, INC. WEB SITE TERMS OF USE.

Effective date: January 1, 2009.

INTRODUCTION

CSI Leasing, Inc. (“CSI” or “we” or “us”) operates this Web site (“Site”) to provide online access to information about CSI and the services and opportunities we provide (“Services”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). If you do not agree to be legally bound by the Terms of Use, you should exit this Site immediately. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.” CSI reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. CSI may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

LICENSE AND OWNERSHIP

Any and all intellectual property rights (“Intellectual Property”) associated with this Site and its contents (the “Content”) are the sole property of CSI, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Site are trademarks, service marks or trade dress (“Marks”) of CSI, its affiliates or other entities that have granted CSI the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of CSI. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without CSI’s or the appropriate third party’s prior written permission. Except as expressly provided herein, CSI does not grant to you any express or implied rights to CSI’s or any third party’s Intellectual Property.

CSI grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Site and Content only in the manner presented by CSI, and (b) access and use the CSI computer and network services offered within the Site (“CSI Systems”) only in the manner expressly permitted by CSI. Except for this limited license, CSI does not convey any interest in or to the CSI Systems, information or data available via the CSI Systems (the “Information”), Content, Services, Site or any other CSI property by permitting you to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information found or accessed via the Site may be reverse engineered, modified, reproduced, republished, translated into any language or computer language, retransmitted in any form or by any means, resold or redistributed without the prior written consent of CSI. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by CSI.

RESTRICTIONS ON THE USE OF THE SITE

In addition to other restrictions set forth in these Terms of Use, you agree that:

(a) You shall not disguise the origin of information transmitted through the Site.

(b) You will not place false or misleading information on the Site.

(c) You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by CSI.

(d) You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or that infringes the Intellectual Property rights of another.

(e) You may not use or access the Site in any way that, in CSI’s judgment, adversely affects the performance or function of the Site interferes with the ability of authorized parties to access the CSI Systems, Services or the Site.

DOWNLOADING FILES

Any software available for download via the Site is the copyrighted work of CSI and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. CSI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

CASE STUDIES

The Site may contain “case studies” describing scenarios where CSI customers benefitted from CSI’s services and expertise. Because no two customers are alike, these case studies should only serve as examples of other customers’ experiences, and thus may differ from your experience.

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the “Digital Millennium Copyright Act”) to CSI’s designated agent. Notification should include:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material you claim is infringing is located on the Site;

4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

CSI MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE, CSI SYSTEMS, SERVICES, OR CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. CSI AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CSI AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY CSI IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT CSI IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, CSI IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CSI, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, CSI SYSTEMS, INFORMATION, SERVICES OR CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CSI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

SUBMISSIONS TO THE SITE

Any and all submissions communicated to CSI through this Site (collectively, “Submissions”) will be deemed and remain the property of CSI, and CSI is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Nothing herein contained shall be construed as limiting CSI’s responsibilities and obligations under its Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold harmless CSI from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys’ fees and costs, incurred by the CSI in connection with any claim by a third party (including any intellectual property claim) arising out of (i) Submissions that you communicate, submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. CSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of CSI. You further agree to indemnify and hold harmless CSI from any claim arising from a third party’s use of information or materials of any kind that you post on the Site.

LINKS TO THIRD PARTY SITES

THIS SITE MAY CONTAIN LINKS TO SITES CONTROLLED, OWNED, AND OPERATED BY THIRD PARTIES (“THIRD PARTY SITES”). CSI CANNOT CONTROL AND HAS NO RESPONSIBILITY FOR THE ACCURACY OR AVAILABILITY OF INFORMATION PROVIDED ON THE THIRD PARTY SITES. YOU ACKNOWLEDGE THAT USE OF ANY THIRD PARTY SITES IS GOVERNED BY THE TERMS OF USE FOR THOSE WEB SITES, AND NOT BY THIS AGREEMENT. LINKS TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY CSI OF SUCH SITES OR THE CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS PRESENTED ON SUCH SITES, BUT ARE FOR YOUR CONVENIENCE AND YOU ACCESS THEM AT YOUR OWN RISK. CSI IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITES, NOR DOES CSI MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND CSI SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT SUCH WEB SITES OR OTHERWISE.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Please review our most current Privacy Policy, which also governs your visit.

USER CONDUCT

You agree to use the Site only for lawful purposes. You are prohibited from any use of the Site, including the Content, Services, CSI Systems, which would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. CSI makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION

You agree that CSI, in its sole discretion, may terminate or suspend the use of the Site, CSI Systems, Services, and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site, or Content. Accessing the Site, CSI Systems or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that CSI shall not be liable to you or any third party for any termination or suspension of your access to the Site, CSI Systems and/or the Services.

GENERAL PROVISIONS

Failure by CSI to enforce any provision(s) of this Agreement shall not be as a waiver thereof. THIS AGREEMENT AND ALL OTHER ASPECTS OF YOUR USE OF THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. All claims and disputes arising out of this Agreement, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by CSI, shall be exclusively brought in the federal, state, or local courts located in the State of Missouri, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, Services, CSI Systems and its Information, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.

CONTACT CSI

If you have questions regarding the Agreement or the practices of CSI, please contact us by e-mail, telephone or postal mail: